Answer:
The Constitution established a bicameral legislature at the Union. However, in the case of states the provision of the second chamber is a matter of expediency dependent on a resolution of the Legislative Assembly pursuant to article 169 of the constitution. Thus, in the case of states the second Chamber or Legislative Council can be established as well as abolished on the recommendation of the Legislative Assembly.
Evidently, on a comparative scale the position of Legislative Councils is much weaker than the Rajya Sabha. While Disagreement between the two Houses of Parliament is to be resolved by joint sitting, there is no such provision for resolving differences between the two Houses of State Legislature, as ultimately the will of the Assembly prevails.
This can be demonstrated by citing the legislative procedure in a bicameral State Legislature, which is broadly similar to that in the Parliament, barring a few differences:
♤ As regards the Money Bill, the position is the same as the Union Parliament. The Legislative Council has no power save to recommend amendments to the Assembly or withhold the bill for a period of 14 days from the date of the receipt of the bill. Eventually the will of the Assembly prevails and it is not bound to accept any recommendation. Thus there cannot be a deadlock at all on the matter of money bill.
♤ In the matter of Ordinary bills i.e. bills other than Money Bills, the Only power of the Council is to interpose some delay in the passage of the Bill for a period of 3 months according to the article 197(1b).
♤ In case of disagreement a bill can only go back to the Assembly but ultimately the view of the Assembly shall prevail. It has to be noted that upon the second consideration of a bill by the Assembly the Council cannot withhold the Bill for more than a month pursuant to Article 197(2b). It can be argued, thus, that the Second Chamber in states, unlike the Rajya Sabha, is not revising but merely an advisory or dilatory Chamber.
The power differential between the Second Chamber in the Union Parliament and its counterpart in State legislature can be attributed to the fact that the Rajya Sabha as upper house represents the federal character of the Constitution, hence it has a better status than merely a dilatory body that the legislative councils are.
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